INDEX.

ACCESS,

A

want of, cannot be proved by father or mother; 180.

ACCESSARY,

nor by their declarations after their deaths,
Id.

may be proved by circumstantial evidence, 113.

conviction of principal, how far evidence against, 229.

230.

ACCOMPLICE. See tit. Principal.

in felony, a competent witness; 28. 29.

though promised a pardon or reward; 31.
or separately indicted, 31.
or convicted, if not attainted, Id.

act of, evidence against the rest, when, 74.
principal felon, witness against accessary, 31.
in misdemeanors, competent; 31.

in trespass, 31.

confirmatory evidence, how far necessary, 32.
dying declarations of, 201.

ACCORD AND SATISFACTION,

evidence under non assumpsit, 127.

ACQUITTAL,

in Court of Exchequer, on information, 258. See tit.
Exchequer.

in criminal prosecution, not evidence to disprove the fact

in civil suits, 242.

by foreign court of competent jurisdiction, 252.

ACTS OF PARLIAMENT,

general acts, 219.

distinction of public and private, when first adopted,

220.

taken notice of judicially, Id.

not given in evidence unless pleaded, when, Id.
statute of usury-in debt on bond; Id.

otherwise, in assumpsit, 221.

statute exempting from penalty evidence

proof of, 288.

private acts, 220.

under nil debet, Id.

not taken notice of judicially, unless pleaded; 220.

ACTS OF PARLIAMENT, (continued.)

except where recognised by public act,

or under special clause, Id.

proof of, by examined copy, 289.

public how proved, 305.

ADDRESS,

ADMINISTRATION,

how granted, 300.

letters of, proved by certificate, Id.

ADMIRALTY,

by original book of acts, Id.

examined copy, 301.

Sentence in court of, conclusive in questions of prize,

248.249.

on all courts and persons, Id.

proof of, 296.

in foreign court of, conclusive evidence in this

country, when; 249. 250.

though founded on particu-
lar ordinances, 250.

conclusive, upon what points,

Id.

when condemnation is gene-
ral, Id.

when not conclusive, when
not admissible, 251.

ADMISSION. See tit. Confesssion, Answer in Chancery.

against interest; 191. 192.

entry by deceased steward, &c. charging himself, Id.

by agent. See tit. Agent.

by party to suit, evidence against him; 71. 72. &c.

on record, though merely trustees; Id.

interested, though not on record, Id.

of rated inhabitant, on question of settle-
ment; Id.

of party, for whose benefit the action is

effect of, 78.80.

brought, Id.

of defendant, evidence against co-defendant, when; 44.

in action of covenant, Id.

of trespass, Id.

to get rid of an action; 78.79.
in criminal cases, not evidence

against others, 73. 74. 82.

of partner, evidence against co-partner, when, 73.
after determination of partnership, Id.

acts of party, amounting to, 171.

tenant cannot dispute his landlord's title, 171.
receipt of tythes, evidence of being parson, when, 171.
acts of ownership, acquiesced in, 132.

ADULTERY,

action for,

confession of wife not evidence for husband, 64.
conversations between her and defendant, evi-
dence against defendant, 64.
manner of plaintiff's living with his wife may be
shown; 64.

or, their letters, when living separate, 64.
65.

several acts of adultery may be proved, within
the time specified; 134.

or, indecent familiarities before the
time, 134.

wife's general bad character, in mitigation, 139.

7

or particular acts of adultery before,

Id.

or that she made the first advance;
140.

the plaintiff's crim. con. with other women, 139.

140.

wife's letters to defendant, not evidence for de-
fendant, 64.

declaration at the time of eloping, 203.

AFFIRMATION. See tit. Quaker.
AGENT,

AGREEMENT, (continued.)

:

otherwise, as to a variation in time or mode of
delivery, Id. 439.

declaration of auctioneer, not to vary conditions of

sale, 438. See tit. Evidence.

stamp not requisite, when, 405-409.

specific performance of. See tit. Specific.

ALIBI,

remark on proof of, 230.

AMBIGUITY,

latent, explained by parol evidence; 410.

grant of manor of S., there being two of that

name; Id.

devise to two of the same name, 411.

mistake in devisee's name, Id..

in the description of the premises, 412.

in the name of the fund, Id.

patent, in deed or will, not to be so explained; 416. 417.

ANSWER,

but the circumstances of the testator may be
shown to help the construction, 417.

blank in will; 418..

in written agreement, which need not be in
writing; 418.

in Chancery. See tit. Chancery.

APPROVEMENT,

ancient doctrine of, 29.

modern practice, in its stead, 30. See tit. Accomplice.

ARBITRATION, (See tit. Award.)

ARTICLES OF THE PEACE,

exhibited by wife against husband; 68.

affidavit contradicting, not to be received, 68.

ARTICLES OF WAR,

how proved, 305.

ASSAULT,

evidence of first assault by plaintiff not admissible, under

general issue, except in mitigation, 129.

what the party says at the time of receiving the hurt,
when admissible, 203.

conviction for the same, not evidence in an action for
the assault, 241.

several actions for, against several, defendant in one
competent for a defendant in another, 37.

if defendant, under plea of son assault, prove the assault
on the same day, &c. plaintiff cannot prove an assault
on another day, 165.

ASSUMPSIT, See tit. (Non-Assumpsit.)

delivery of goods, proved by shop-book, when, 195-199.
plaintiff may recover less than is demanded in the writ,

INDEX.

ASSUMPSIT, (continued.)

one, who has received money for defendant's use, is

competent, 53.

ATHEIST,

not competent witnesses, 17.

ATTACHMENT,

ATTENDANCE,

ATTORNEY,

of witnesses, for contempt, 4. 5.

of witness, at trial. See tit. Witness.

evidence of being, 312.

in action by, for fees, contents of bill delivered, proved

by duplicate original, 343.

bill delivered not conclusive against an addi-
tional item, 80.

not to reveal confidential communications of a client,
102-106. See tit. Counsel.

AVERMENT,

immaterial what, 158-160. See also, tit. Indictment.

AWARD,

evidence, when; and when conclusive; 235.287.

between what parties, 179. 287.

between an occupier of land and a township, as to the

liability of repairing a road, not evidence against a
succeeding occupier, 179.

conclusive, on all matters referred, (whether of law or
fact;) 70.

not as to matters not inquired into, 287. 288.
matter dehors, to show the award void, cannot be proved
under plea of no such award, 141.

in action upon, submission and execution of award to be

proved, 301.

submission of all parties, Id.

evidence to prove transfer of stock, 312.

BANKRUPT,

commissioners of, their proceedings. See tit. Commis
sioners.

competent, on proof of certificate and of release to as

signees of his share in the surplus; 98.
general release sufficient, Id.

competent, after second bankruptcy, when, 51.98.

declarations by, at the time of absenting himself, 202.

incompetent to prove his own act of bankruptcy, 98.

to increase the fund; 51.